Miris document ID: 1085489691370
Decision No. U-I-246/02 on the Status of Citizens of Other Successor States to the Former SFRY in the Republic of Slovenia
Author: The Constitutional Court
Language: English
Source: The Constitutional Court
Country: Slovenia
Category: judgment/decision
Government level: National - State Level
Guiding principle: In Para. 1 of the operative provisions, the Constitutional Court decided that ZUSDDD is inconsistent with the Constitution, as it did not recognize the citizens of other Successor States to the former SFRY (hereinafter citizens of other Republics) permanent residence for the period from their removal onwards. Due to the special legal position of citizens of other Republics, which is reflected in the fact that, prior to their removal from the register of permanent residents, they had permanently resided in Slovenia and actually continued to dwell there, the legislature should not regulate the established unconstitutionality in a different manner than to determine that they also be recognized permanent residence retroactively. Therefore, the Constitutional Court determined in Para. 8 of the operative provisions, as the manner of implementing its Decision, that by the permits for permanent residence that have already been issued to citizens of other Republics, permanent residence be established retroactively, i.e. from 26 February 1992, this being the date of their removal from the register of permanent residents. Furthermore, it imposed on the Ministry of the Interior the obligation to issue, as an official duty, supplementary decisions on the establishment of permanent residence from 26 February 1992 onwards to all those citizens of other Republics who on 26 February 1992 had been removed from the register of residents, and have already acquired permits for permanent residence pursuant to ZUSDDD for the period after the issuance of the permit.
Date of judgement: 2003-4-10
Official version: yes
Published on: Official Gazette
Legally binding: yes
Minority groups: all
Related laws: Act on the Regulation of the Status of Citizens of Other Successor States to the Former SFRY in the Republic of Slovenia (Official Gazette, 61/99 and 64/01)

get HTML document